Sandigan Bayan
Sandigan Bayan
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Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:
(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-
Graft and Corrupt Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees including those employed in
government-owned or controlled corporations, embraced in Title VII of the Revised
Penal Code, whether simple or complexed with other crimes; and
(c) Other crimes or offenses committed by public officers or employees, including
those employed in government-owned or controlled corporations, in relation to
their office.
The jurisdiction herein conferred shall be original and exclusive if the offense charged is
punishable by a penalty higher than prision correccional, or its equivalent, except as herein
provided; in other offenses, it shall be concurrent with the regular courts.
In case private individuals are charged as co-principals, accomplices or accessories with
the public officers or employees including those employed in government-owned or
controlled corporations, they shall be tried jointly with said public officers and employees.
Where an accused is tried for any of the above offenses and the evidence is insufficient to
establish the offense charged, he may nevertheless be convicted and sentenced for the
offense proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal
action and the corresponding civil action for the recovery of civil liability arising from the
offense charged shall at all times be simultaneously instituted with, and jointly determined
in the same proceeding by, the Sandiganbayan, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no right to reserve the
filing of such action shall be recognized; Provided, however, that, in cases within the
exclusive jurisdiction of the Sandiganbayan, where the civil action had therefore been filed
separately with a regular court but judgment therein has not yet been rendered and the
criminal case is hereafter filed with the Sandiganbayan, said civil action shall be transferred
to the Sandiganbayan for consolidation and joint determination with the criminal action,
otherwise, the criminal action may no longer be filed with the Sandiganbayan, its exclusive
jurisdiction over the same notwithstanding, but may be filed and prosecuted only in the
regular courts of competent jurisdiction; Provided, further, that, in cases within the
concurrent jurisdiction of the Sandiganbayan and the regular courts, where either the
criminal or civil action is first filed with the regular courts, the corresponding civil or
criminal action, as the case may be, shall only be filed with the regular courts of competent
jurisdiction.
Excepted from the foregoing provisions, during martial law, are criminal cases against
officers and members of the armed forces in the active service.
Section 5. Proceedings, how conducted; votes required. The unanimous vote of the three
justices in a division shall be necessary for the pronouncement of a judgment. In the event
that the three justices do not reach a unanimous vote, the Presiding Judge shall designate
two other justices from among the members of the Court to sit temporarily with them,
forming a division of five justices, and the concurrence of a majority of such division shall
be necessary for rendering judgment.
Section 6. Maximum period for termination of cases. As far as practicable, the trial of cases
before the Sandiganbayan once commenced shall be continuos until terminated and the
judgment shall be rendered within three (3) months from the date the case was submitted
for decision.
Section 7. Form, finality and enforcement of decisions. Decisions and final orders of the
Sandiganbayan shall contain complete findings of facts on all issues properly raised before
it.
A petition for reconsideration of any final order or decision maybe filed within (15) days
from promulgation or notice of the final order or judgment, and such petition for
reconsideration shall be decided within thirty (30) days from submission thereon.
Decisions and final orders shall be subject to review on certiorari by the Supreme Court in
accordance with Rule 45 of the Rules of Court. The Supreme Court shall decide any case on
appeal promptly and without the necessity of placing it upon the regular calendar.
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Whenever, in any case decided, the death penalty shall have been imposed, the records
shall be forwarded to the Supreme Court, whether the accused shall have appealed or not,
for review and judgment, as law and justice shall dictate.
Final judgments and orders of the Sandiganbayan shall be executed and enforced in the
manner provided by law.
Section 8. Transfer of cases. As of the date of the effectivity of this decree, any case
cognizable by the Sandiganbayan within its exclusive jurisdiction where none of the
accused has been arraigned shall be transferred to the Sandiganbayan.
Section 9. Rule-making Power. The Sandiganbayan shall have the power to promulgate its
own rules of procedure and, pending such promulgation, the Rules of Court shall govern its
proceedings.
Section 10. Authority over internal affairs. The Sandiganbayan shall administer its own
internal affairs and may adopt such rules governing the constitution of its divisions, the
allocation of cases among them, the rotation of justices and other matters relating to its
business.
Section 11. Proceeding free of charge. All proceedings in the Sandiganbayan shall be
conducted at no cost to the complainant and/or his witnesses.
No criminal information or complaint shall be entertained by the Sandiganbayan except
upon a certification by the Investigating Prosecutor of the existence of a prima facie case to
be determined after a preliminary investigation conducted in accordance with applicable
laws and approved by the Chief Special Prosecutor.
Section 12. Administrative personnel. The Sandiganbayan shall reelect and appoint such
personnel as it may deem necessary to discharge its functions under this Decree including a
Clerk of Court and three (3) Deputy Clerks of Court who shall be members of the Bar.
The Clerk of Court shall have an annual compensation of P36,000.00 and the Deputy Clerks
of Court, P30,000.00.
All other subordinate employees of the Sandiganbayan shall be governed by the provisions
of the Civil Service Law; Provided, that the Sandiganbayan may, by resolution en banc,
remove any of them for cause.
Section 13. Report to the President. The Sandiganbayan shall submit an annual report to
the President, including all disbursements of funds entrusted to it, within two months from
the end of the Fiscal Year.
Section 14. Funding. There is hereby immediately appropriated the sum of Five Million
Pesos (P5,000.00) out of any funds in the National Treasury to carry out the provisions of
this Decree and thereafter to be included in the general appropriations act. The
appropriations for the Sandiganbayan shall be automatically released in accordance with a
schedule submitted by the Sandiganbayan.
Section 15. Separability of Provisions. If for any reason, any section or provision of this
Decree is declared to be unconstitutional or invalid, other sections or provisions thereof
which are not affected thereby, shall continue in full force and effect.
Section 16. Repealing Clause. This Decree hereby repeals Presidential Decree No. 1486 and
all other provisions of law, General Orders, Presidential Decrees, Letters of Instructions,
rules or regulations inconsistent herewith.
Section 17. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen
hundred and seventy-eight.
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Section 2. Construction. These Rules shall be liberally construed in order to promote their
objectives and to achieve a just, expeditious and inexpensive determination of every action
and proceeding before the Sandiganbayan.
RULE II
CONTROL OF FUNCTIONS AND SUCCESSION
Section 1. Exclusive Control. Except as otherwise provided by the Constitution and
Presidential Decree No. 1606, the Sandiganbayan shall have exclusive control, direction
and supervision of all matters pertaining to its internal affairs and the operation of its
business.
Section 2. Succession in the Office of the Presiding Justice. In case of vacancy in the position
of Presiding Justice of the Sandiganbayan or his temporary incapacity to exercise the
powers and perform the duties of his office, the same shall devolve upon the qualified most
senior Associate Justices until such incapacity is removed or another Presiding Justice is
appointed and has duly qualified.
RULE III
COMPOSITION OF DIVISIONS
Section 1. How Divisions Constituted. The Sandiganbayan shall consist of three divisions
which shall be known as the First Division, Second Division, and Third Division, and shall
each be composed of Presiding Justice and the first two Associate Justices in the order of
precedence as the respective Chairmen; the next three Associate Justices in the order of
precedence as the respective senior members; and the last three Associate Justices in the
order of precedence as the respective junior members. However, until the entire
complement of the Sandiganbayan shall have been appointed and qualified, the Presiding
justice and the two Associate Justices first appointed and qualified shall constitute the First
Division.
Section 2. Vacancy; How Filled. In case of any vacancy in the composition of a division,
whether permanent or temporary, the Presiding Justice may designate an Associate Justice
of the Court, to be determined by strict rotation on the basis of the reverse order of
precedence, to sit as a special member of said division with all the rights and prerogatives
of a regular member of said division in the trial and determination of cases assigned
thereto, unless the operation of the other divisions of the Court will be prejudiced thereby,
in which case, the procedure provided in Section 3, Rule VIII of these Rules shall apply.
RULE IV
FILING OF CASES
Section 1. Proceedings Free of Charge. All proceedings in the Sandiganbayan be conducted
at no cost to the complainant and/or his witnesses.
Section 2. Preliminary Investigation Necessary. No criminal information or complaint shall
be entertained by the Sandiganbayan except upon a certification by the investigating
Prosecutor of the existence of a prima facie case to be determined after a preliminary
investigation conducted in accordance with applicable laws and approved by the Chief
Special Prosecutor.
Section 3. Where Cases Filed. All cases to be filed with the Sandiganbayan shall be filed with
the Office of the Clerk of Court of the Sandiganbayan which shall be open for the purpose of
receiving complaints, information, motions and the like from eight to twelve o'clock in the
morning and twelve thirty to four-thirty o'clock in the afternoon, on Mondays to Fridays,
except on public or special holidays.
RULE V
DISTRIBUTION AND CONSOLIDATION OF CASES
Section 1. Distribution of Cases. All cases filed with the Sandiganbayan shall be allotted
among the three divisions for hearing and decision by raffle to be conducted by a Raffle
Committee composed of the Presiding Justice and the two most senior Associate Justices
available, on such days as may hereafter be fixed by the Presiding Justice depending upon
the need for such raffle to be made in view of the number of cases filed, with notice to the
interested parties who may, if they so desire, be present therein by themselves or through
counsel.
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Section 2. Consolidation of Cases. Cases arising from the same incident on series of
incidents, or involving common questions of fact and law, may, in the discretion of
Sandiganbayan, be consolidated in only one division. Should the propriety of such
consolidation appear upon the filing of the cases concerned and before they are raffled, all
such cases shall be considered as one case for purposes of the raffle; but, should the
propriety of such consolidation may be affected upon motion of an interested party filed
with the division taking cognizance of the case to be consolidated and, if granted,
consolidation shall be made in the division before which the case with the lowest number is
pending. In either case, the division in which consolidation is effected shall be entitled to be
credited in the distribution of cases with the same number of cases transferred to it to the
end that all divisions shall, as much as possible, receive more or less the same number of
cases filed with the Sandiganbayan.
Section 3. Assignment of Cases Permanent. Cases assigned to a division of the
Sandiganbayan in accordance with these Rules shall remain with said division
notwithstanding changes in the composition thereof and all matters raised therein shall be
deemed to be submitted for consideration and adjudication by any and all of the Justices
who are members of the division aforesaid at the time said matters are taken up,
irrespective of whether they were or were not members of the division at the time the case
was first assigned thereto: Provided, however, That only Justices who are members of the
division at the time a case is submitted for decision shall take part in the consideration and
adjudication of said case, unless any such member thereafter ceases to be a member of the
Sandiganbayan for any reason whatsoever in which case any Justice chosen to fill the
vacancy in accordance with the manner provided in Section 2, Rule III, of these Rules shall
participate in the consideration and adjudication of said case; Provided, lastly, that the
Sandiganbayan en banc may, for special or compelling reasons, transfer cases from one
division thereof to another.
RULE VI
PROCESSES
Processes and writs of the Sandiganbayan which by their nature or by provision of existing
laws or the Rules of Court are to be issued under the signature of a Judge or a Justice shall
be signed by the Chairman of the division concerned: Provided, That if there is an urgent
necessity for the issuance thereof before the case is raffled to a division, the same shall be
signed by the Presiding Justice. In the absence of the Presiding Justice or the Chairman
aforesaid, the process or writ shall be signed by the senior Associate Justice in the
Sandiganbayan or in the divisions concerned, respectively. All other processes or writs
issued upon authority of the Sandiganbayan or a division thereof shall be signed by the
Clerk of Court or, in his absence, by the Deputy Clerk of Court of the division concerned.
RULE VII
BAIL
Section 1. How Amount Fixed; Approval. The amount of bail to be posted in cases in the
Sandiganbayan shall be fixed by the Chairman of the division thereof to which they are
assigned; and such bail may be approved by any Justice of the Sandiganbayan, but
preferably by a Justice of the division concerned: Provided, however, That where the
accused is arrested, detained or otherwise placed in custody outside the Metropolitan
Manila area, any judge of the Court of First Instance or Circuit Criminal Court may accept
and approve the bail for his appearance before the division to which his case is assigned
and release him, and shall inform the division issuing the order of arrest of his action,
forwarding thereto the papers in this case.
Section 2. Condition of the Bail. The condition of the bail is that the accused shall appear
and answer the complaint or information in the division of the Sandiganbayan to which it is
assigned or transferred for trial and submit himself to the orders and processes thereof
and, after conviction, if the case is appealed to the Supreme Court, that he will surrender
himself for the execution of such judgment as the Supreme Court may render; or, that, in
case the cause is to be tried anew or remanded for a new trial, he will appear in the division
to which it may be remanded and submit himself to the orders and processes thereof.
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RULE VIII
SESSIONS AND TRIAL
Section 1. How Sessions Held. The Sandiganbayan shall for administrative purposes, sit en
banc; and, for the trial and determination of cases, sit in three divisions of three Justices
each. The three divisions may sit at the same time.
Section 2. Presiding Officer. Sessions of the Sandiganbayan en banc shall be presided by the
Presiding Justice; whereas sessions in division shall be presided by the respective
Chairman of each division. In the absence of the Presiding Justice or the Chairman of a
division, as the case may be, the Associate Justice attending the session en banc or in
division who is first in the order of precedence and able to preside, shall do so.
Section 3. Quorum. Five Justices shall constitute a quorum for sessions en banc, and three
Justices for sessions in division: Provided, That when a quorum and/or the votes required
for a resolution or decision of the Sandiganbayan, either en banc or in division, or the trial
or hearing of cases cannot be had due to the legal disqualification or temporary disability of
a Justice or of a vacancy occurring therein, the President shall, upon recommendation of the
Presiding Justice, designate any Justice of the Court of Appeals, Judge of the Court of First
Instance or of the Circuit Criminal Court to sit temporarily therein.
Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan, whether en banc or in
division, shall be held in the place of its principal office in the Metropolitan Manila area
where it shall try and determine all cases filed with it irrespective of the place where they
may have arisen: Provided, however, That the Presiding Justice may authorize any division
or divisions of the Court to hold sessions at any time and place outside Metropolitan Manila
to hear and decide cases emanating therefrom. For this purpose and whenever necessary,
the Sandiganbayan may require the services of the personnel and the use of the facilities of
any agency of the Government, national or local, including the Courts of First Instance or
Circuit Criminal Court of the province or city where any of the divisions is holding session,
and those personnel of such agencies or courts shall be subject to the orders of the
Sandiganbayan.
Section 5. Time of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at
any time by the Presiding Justice or at the instance at least five Associate Justices. Sessions
for the trial of cases cognizable by it shall be held on such days and at such times as the
divisions thereof may, by order and upon notice to the parties concerned, fix.
Section 6. Pre-trial Inquest. After the arraignment of an accused who pleads not guilty, the
division concerned shall, without prejudice to the invocation by the accused of his
constitutional rights, direct the prosecutor and the accused and his counsel to appear
before any of the Justices thereof for a conference to consider;
(a) Admissions of facts about which there can be no dispute;
(b) Marking for identification of documentary or real evidence of the parties;
(c) Waiver of objections to admissibility of evidence;
(d) Procedure on objections where there are multiple counsel;
(e) Order of presentation of evidence and arguments where there are multiple
accused;
(f) Order of cross-examination where there are multiple accused; and
(g) Such other matter as will promote a fair and expeditious termination of the trial.
After the pre-trial inquest, a pre-trial order shall be issued by the Associate Justice
presiding the conference reciting the actions and/or proceedings taken thereat, the
admissions of facts made, the documents and real evidence marked, and the agreement
entered into by the parties as to any of the matters taken up therein. Such order shall limit
the issues for trial to those not disposed of by the admissions or agreements of the parties
and when entered shall blind the parties and control the course of the action during the
trial, on appeal, and in post-conviction proceedings, unless modified by the division
concerned before trial to prevent manifest injustice.
RULE IX
MOTIONS
Section 1. Motion Day. The first hours of the morning session of the divisions every Friday
shall be devoted to the hearing of motions, unless, upon motion of an interested party and
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for special reasons, the division concerned shall fix another day for the hearing of any
particular motion.
Section 2. Resolution on Interlocutory or Incidental Motions. Rulings on all written motions
submitted to the Sandiganbayan or any division thereof for resolution shall be reached in
consultation among the Justices participating in the consideration thereof: Provided,
however, That rulings on oral motions or on objections made in the course of the trial or
hearing shall be handed down by the Chairman of the division concerned.
RULE X
JUDGMENT
Section 1. Votes Necessary to Decide. The unanimous vote of three Justices in a division
shall be necessary for the rendition of a judgment or order. In the event that the three
Justices do not reach a unanimous vote, the Presiding Justice shall designated by raffle two
Justices from among the other members of the Sandiganbayan to sit temporarily with them
forming a special division of five Justices, and the vote of a majority of such special division
shall be necessary for the rendition of a judgment or order.
Section 2. Procedure in Deciding Cases. The conclusions of a division of the Sandiganbayan
in any case submitted to it for decision shall be reached in consultation before the case is
assigned to a Justice for the writing of the opinion of the division. Any Justice dissenting
from a judgment shall state the reasons for his dissent.
Section 3. Maximum Period to Decide Cases. The judgment or final order of a division of the
Sandiganbayan shall be rendered within three (3) months from the date the case was
submitted for decision.
Section 4. Form of judgment and final order of a division of the Sandiganbayan shall
contain complete findings of fact and a statement of the law on all issues properly raised
before it.
RULE XI
PROMULGATION OF JUDGMENT
A judgment of a division of the Sandiganbayan shall be promulgated by reading the
judgment or sentence in the presence of the accused and any Justice of the division which
rendered the same: Provided, That, if the accused is confined or detained in a place outside
Metropolitan Manila or of the city or province in which any division of the Sandiganbayan
is sitting at the time of such promulgation, the judgment may, upon delegation by the
division concerned be promulgated by any judge of the Court of First Instance or Circuit
Criminal Court having jurisdiction over the place of confinement or detention, in which
event the Court so promulgating the judgment shall have authority to accept and approve
the appeal bond.
RULE XII
PETITION FOR RECONSIDERATION
Within fifteen (15) days from the promulgation or notice of a judgment or final order of a
division of the Sandiganbayan, unless said judgment or order had in the meantime
otherwise attained finality, a petition for the reconsideration thereof may be filed upon the
grounds, in the form and subject to the requirements, for motions for new trial in criminal
cases under Rule 121 of the Rules of Court, and such petition for reconsideration shall be
decided within thirty (30 days from submission thereof.
RULE XIII
REVIEW OF JUDGMENTS AND FINAL ORDERS
Section 1. Method of Review. A party may appeal from a judgment or final order of a
division of the Sandiganbayan by filing with the Supreme Court a petition for certiorari in
accordance with Rule 45 of Rules of Court and by serving a copy thereof to the
Sandiganbayan.
Whenever, in any case decided, the death penalty shall have been imposed, the records
shall be forwarded to the Supreme Court, whether the accused shall have appealed or not,
for review and judgment, as law and justice shall dictate.
Section 2. Bail Pending Appeal. An accused who has been released on bail shall not
committed to jail upon conviction pending the expiration of the period for appeal or
pending an appeal seasonably taken, except when the penalty imposed is reclusion
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perpetua or death, in which case, the accused may forthwith be committed to jail after
promulgation of the sentence. The division of the Sandiganbayan concerned, however, may,
for good cause, cancel the bond or increase the amount of bail and commit the accused into
custody pending appeal, unless he gives bail in the increased amount. The surely shall also
be responsible for the surrender or the accused after judgment shall have become final.
RULE XIV
PUBLICATION OF DECISIONS
With the consent of the respective writers thereof, the decisions of the Sandiganbayan may
be published in the Official Gazette in the language in which they have been originally
written. The syllabi for the decisions shall be prepared by the Clerk of Court in consultation
with writers thereof.
RULE XV
APPLICABILITY OF THE RULES OF COURT
Except as otherwise herein provided or as may hereafter be modified from time to time by
the Sandiganbayan and insofar as practicable, the Rules of Court shall govern proceedings
in the Sandiganbayan.
RULE XVI
SEAL OF THE SANDIGANBAYAN
The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two
concentric circles as its margin, with the inscription, running from left to right, on the
upper margin of the word "Sandiganbayan" and on the lower margin of the words
"Republika ng Pilipinas"; with 16 stars, representing the existing 16 judicial districts,
immediately along the outer edge of the inner circle; and with a design at the center of a
triangle, with a trisected area composed of the national colors of white on its upper part,
blue on the left and red on the right, with the words "KATAPATAN" on the right side,
"KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; a star in each corner of
the triangle representing Luzon, Visayas and Mindanao; and a bolo inside the triangle on
which is superimposed a balance.
RULE XVII
SEPARABILITY CLAUSE
If, for any reason, any section or provision of these Rules shall be held to be
unconstitutional or invalid, no other section or provision thereof shall be effected thereby.
RULE XVIII
EFFECTIVITY
The Rules shall take effect upon approval.
Done in the City of Manila, this 10th day of January, in the year of Our Lord, nineteen
hundred and seventy-nine.
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prejudiced thereby, in which case, the President shall, upon the recommendation of the
Presiding Justice, designate any Justice or Justices of the Court of Appeals to sit temporarily
therein."
Section 2. Section 4 of the same Decree is hereby further amended to read as follows:
"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases
involving:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
Title VII of the Revised Penal Code, where one or more of the principal accused are
officials occupying the following positions in the government, whether in
permanent, acting or interim capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as grade 27 and higher, of the
Compensation and Position Classification Act of 1989 (Republic Act No.
6758), specifically including:
"(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, and provincial treasurers, assessors,
engineers, and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors, engineers, and other city
department heads;
"(c) Officials of the diplomatic service occupying the position of consul
and higher;
"(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;
"(e) PNP chief superintendent and PNP officers of higher rank;
"(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
prosecutor;
"(g) Presidents, directors or trustees, or managers of government-
owned or controlled corporations, state universities or educational
institutions or foundations;
"(2) Members of Congress and officials thereof classified as Grade "27" and
up under the Compensation and Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade "27" and higher
under the Compensation and Position Classification Act of 1989;
"b. Other offenses or felonies committed by the public officials and employees
mentioned in subsection (a) of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A.
"In cases where none of the principal accused are occupying positions corresponding to
salary grade "27" or higher, as prescribed in the said Republic Act No. 6758, or PNP officers
occupying the rank of superintendent or higher, or their equivalent, exclusive jurisdiction
thereof shall be vested in the proper Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court, and Municipal Circuit Trial Court, as the case may be, pursuant to
their respective jurisdictions as provided in Batas Pambansa Blg. 129.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals from the final
judgments, resolutions or orders of regular courts where all the accused are occupying
positions lower than salary grade "27", or not otherwise covered by the preceding
enumeration.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and
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other ancillary writs and processes in aid of its appellate jurisdiction: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the office of the Ombudsman, through its special
prosecutor, shall represent the people of the Philippines except in cases filed pursuant to
Executive Orders Nos. 1, 2, 14 and 14-A.
"In case private individuals are charged as co-principals, accomplices or accessories with
the public officers or employees, including those employed in government-owned or
controlled corporations, they shall be tried jointly with said public officers and employees
in the proper courts which shall exercise exclusive jurisdiction over them.
"Any provision of law or Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and jointly determined in, the
same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall be
recognized: Provided, however, That where the civil action had heretofore been filed
separately but judgment therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be
transferred to the Sandiganbayan or the appropriate court as the case may be, for
consolidation and joint determination with the criminal action, otherwise the separate civil
action shall be deemed abandoned."
Section 3. Section 7 of the same decree is hereby amended to read as follows:
"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders
determining the merits of a case or finally disposing of the action or proceedings of the
Sandiganbayan shall contain complete findings of the facts and the law on which they are
based, on all issues properly raised before it and necessary in deciding the case.
"A petition for reconsideration of any final order or decision may be filed within fifteen
(15) days from promulgation or notice of the final order or judgment, and such motion for
reconsideration shall be decided within thirty (30) days from submission thereon.
"Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court
by petition for review on certiorari raising pure questions of law in accordance with Rule
45 of the Rules of Court. Whenever, in any case decided by the Sandiganbayan, the penalty
of reclusion perpetua or higher is imposed, the decision shall be appealable to the Supreme
Court in the manner prescribed in the Rules of Court. In case the penalty imposed is death,
review by the Supreme Court shall be automatic, whether or not the accused filed an
appeal.
"Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner
provided by law.
"Decisions and final orders of other courts, in cases cognizable by said courts under this Act
shall be appealable to the Sandiganbayan within fifteen (15) days from promulgation or
notice to the parties."
Section 4. Section 9 of the same Decree is hereby amended to read as follows:
"Sec. 9. Rules of Procedure. - The Rules of Court promulgated by the Supreme Court shall
apply to all cases and proceedings filed with the Sandiganbayan. The Sandiganbayan shall
have no power to promulgate its own rules of procedure, except to adopt internal rules
governing the allotment of cases among the divisions, the rotation of justices among them,
and other matters relating to the internal operations of the court which shall be inforced
until repealed or modified by the Supreme Court."
Section 5. Section 10 of the same Decree is hereby repealed.
Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders Nos. 101 and
184 and all other laws, decrees, orders and rules of which are inconsistent therewith are
hereby repealed or modified accordingly.
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Section 7. Upon the effectivity of this Act, all criminal cases in which trial has not begun in
the Sandiganbayan shall be referred to the proper courts.
Section 8. This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in two (2) national newspapers of general circulation.
Approved: 30 March 1995
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"(e) Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent or higher;
"(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
prosecutor;
"(g) Presidents, directors or trustees, or managers of government-
owned or -controlled corporations, state universities or educational
institutions or foundations;
"(2) Members of Congress and officials thereof classified as Grade'27'and up
under the Compensation and Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'and higher
under the Compensation and Position Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a of this
section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions corresponding to
salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or
military or PNP officers mentioned above, exclusive original jurisdiction thereof
shall be vested in the proper regional trial court, metropolitan trial court, municipal
trial court and municipal circuit trial court ' as the case may be, pursuant to their
respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders or regional trial courts whether in the exercise of
their own original jurisdiction orof their appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo warranto, arising or
that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14
and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall
not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing
rules that the Supreme Court has promulgated and may hereafter promulgate,
relative to appeals/petitions for review to the Court of Appeals, shall apply to
appeals and petitions for review filed with the Sandiganbayan. In all cases elevated
to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office
of the Ombudsman, through its special prosecutor, shall represent the People of the
Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
"In case private individuals are charged as co-principals, accomplices or accessories
with the public officers or employees, including those employed in govemment-
owned or controlled corporations, they shall be tried jointly with said public officers
and employees in the proper courts which shall exercise exclusive jurisdiction over
them.
"Any provisions of law or Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil liability
shall at all times be simultaneously instituted with, and jointly determined in, the
same proceeding by the Sandiganbayan or the appropriate courts, the filing of the
criminal action being deemed to necessarily carry with it the filing of the civil action,
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and no right to reserve the filing of such civil action separately from the criminal
action shall be recognized: Provided, however, That where the civil action had
therefore been filed separately but judgment therein has not yet been rendered, and
the criminal case is hereafter filed with the Sandiganbayan or the appropriate court,
said civil action shall be transferred to the Sandiganbayan or the appropriate court,
as the case may be, for consolidation and joint determination with the criminal
action, otherwise the separate civil action shall be deemed abandoned."
Section 5. Section 7 of the same decree is hereby further amended to read as follows:
'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final
orders determining the merits of a case or finally disposing of the action or
proceedings of the Sandijanbayan shall contain complete findings of the facts and
the law on which they are based, on all issues properly raised before it and
necessary in deciding the case.
"A petition for reconsideration of any final order or decision may be filed within
fifteen (15) days from promulgation or notice of the final order on judgment, and
such motion for reconsideration shall be decided within thirty (30) days from
submission thereon.
"Decisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme
Court by petition for review on certiorari raising pure questions of law in
accordance with Rule 45 of the Rules of Court. Whenever, in any case decided by the
Sandiganbayan, the penalty of reclusion perpetua, life imprisonment or death is
imposed, the decision shall be appealable to the Supreme Court in the manner
prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and enforced in the
manner provided by law.
"Decisions and final orders of other courts in cases cognizable by said courts under
this decree as well as those rendered by them in the exercise of their appellate
jurisdiction shall be appealable to, or be reviewable by, the Sandiganbayan in the
manner provided by Rule 122 of the Rules of the Court.
"In case, however, the imposed penalty by the Sandiganbayan or the regional trial
court in the proper exercise of their respective jurisdictions, is death, review by the
Supreme Court shall be automatic, whether or not accused files an appeal."
Section 6. Appropriations. - The amount necessary to carry out the initial implementation
of this Act shall be charged against the current fiscal year appropriations of the
Sandiganbayan. Thereafter, such sums as may be needed for its continued implementation
shall be included in the annual General Appropriations Act.
Section 7. Transitory Provision. - This Act shall apply to all cases pending in any court
over which trial has not begun as of the approval hereof
Section 8. Separability of Provisions. - If for any reason any provision of this Act is
declared unconstitutional or invalid, such parts or portions not affected thereby shall
remain in full force and effect.
Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.
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